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2025 Supreme(Bom) 1582

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Seth Motishaw Lalbaug Jain Charities – Appellant
Versus
Bombay General Employees Association – Respondent


Advocates Appeared:
For the Appellants : Pradyumna D. Sharma, Piyush Shah, Gautam P. Khobragade, Randhirkumar N. Mondal, Nishi Jain
For the Respondents: Arshad Shaikh, Neeta Karnik

JUDGMENT :

SANDEEP V. MARNE, J.

1. This Petition is filed by the Petitioner-Trust challenging the Award passed by the Industrial Tribunal, essentially raising a plea that it does not fall in the definition of the term ‘industry’ under Section 2 (j) of the Industrial Disputes Act, 1947 (ID Act) and that therefore it is not amenable to the jurisdiction of Industrial Tribunal

2. Seth Motishaw Lalbaug Jain Charities is a public charitable trust registered under provisions of the then Bombay Public Trusts Act, 1950. The scheme of Petitioner-Trust was framed by this Court in 1925, and the objective of the Trust is to propagate Jain religion and provide help to needy people. It claims to be a religious charitable trust. At the relevant time, there were about 35 employees employed by the Trust as watchmen, cleaners, sweepers, poojaries, electrical staff, cashiers etc. The employees joined the Bombay General Employees Association, a trade union registered under the provisions of the Trade Unions Act, 1926. By letter dated 22 January 1983, Respondent-Union demanded permanency, scales of pay, dearness allowance, privileged leave, sick leave, casual leave, paid holidays, provident fund, bonus, ov

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